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Other reasonable compensation offer?

Discussion in 'General' started by David, 7 Apr 2015.

  1. David

    David μoʍ ɼouმ qᴉq λon ƨbԍuq ϝʁλᴉuმ ϝo ʁԍɑq ϝμᴉƨ

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    I'll keep it short - I was sitting in stationary traffic when some muppet rear-ended me at about 50mph. I suffered whiplash injuries and hurt my shoulder, and have had trouble sleeping because of the pain.

    The other guy's insurance phoned and offered me £800 as an immediate settlement, and I told them to poke it. They eventually offered £1300, which seems low to me, but I'm not sure. This isn't a chance your arm claim, my injuries and pain are genuine.

    Does it sound like an reasonable offer, given the alternative is to take my chances with the ambulance chasers and wait six months?

    I need to scrape together as much as possible to get a replacement car, but it feels like they are taking the piss.

    What do you think?
     
  2. fix-the-spade

    fix-the-spade Multimodder

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    Is that £1300 and a like for like replacement of your car, or £1300?

    Sounds awfully like they're trying to dupe you into settling so they can stop you making any kind of claim against them later, but then I know bugger all about RTA insurance claims.
     
  3. David

    David μoʍ ɼouმ qᴉq λon ƨbԍuq ϝʁλᴉuმ ϝo ʁԍɑq ϝμᴉƨ

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    They have already offered me a separate amount for my car, this is purely for the injury/whiplash.
     
  4. Harlequin

    Harlequin Modder

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    sounds low - I got £3000 a few years back when I was in a work van that was run into by a speeding car and I had whiplash
     
  5. Mister_Tad

    Mister_Tad Will work for nuts Super Moderator

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    How about flipping it around instead of taking it from the point of view of "what's the most I can get out of them"

    There's not a magic amount of money that will make the pain disappear or magic everything back to the way it was before, so there's no "right" answer that covers every scenario. Are a sore shoulder and a few sleepless nights worth £1300 to you? More? Less?
     
  6. Big Elf

    Big Elf Oh no! Not another f----ing elf!

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    Think longer term about this and get a report from an Osteopath as to possible effects that may linger. If it's keeping you from sleeping you need some form of treatment. I'd consider £1300 an insult.
     
  7. Nexxo

    Nexxo * Prefab Sprout – The King of Rock 'n' Roll

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    You do realise that you're asking this lot for advice?

    [​IMG]

    Talk to a doctor, then to your insurance guys. Don't talk to us.
     
  8. kingred

    kingred Surfacing sucks!

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    I would add to the claim that your "self-relief" is suffering as you cant keep up the stroke rate with a clenched fist anymore.
     
  9. Blogins

    Blogins Panda have Guns

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    Speak for yourself bucko!

    [​IMG]
     
  10. Corky42

    Corky42 Where's walle?

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    It depends more on how long you have been or expect to experience this pain.
     
  11. RedFlames

    RedFlames ...is not a Belgian football team

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    Whilst on the whole I agree with nexxo [as in get proper professional advice] - it's probably low because a lot of insurers now treat that kind of claim as 'ambulance chaser until proven otherwise'...
     
  12. MadDogg

    MadDogg Sofa King Awesome

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    this
     
  13. David

    David μoʍ ɼouმ qᴉq λon ƨbԍuq ϝʁλᴉuმ ϝo ʁԍɑq ϝμᴉƨ

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    I thought I made it clear that this wasn't a frivolous claim.
     
  14. Pete J

    Pete J Employed scum

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    From the sounds of it, the amount offered (£1300) seems very low; however, I have no idea what a fair sum would actually be! I think Nexxo's advice is best - talk to your doctor and a solicitor.
     
  15. Mister_Tad

    Mister_Tad Will work for nuts Super Moderator

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    You did, and I never implied otherwise.

    If you feel £1300 is too low of a compensation for what you've dealt with, then don't take it. If you think it's enough, take it. Only you can say what it's worth to you.

    Any advice you get from ambulance chasers will be "take them for as much as you can", regardless of whether you have serious injuries or are just milking it.

    If you're going to seek third party advice then go with Nexxo's suggestion, clearly. If a professional suggests that the pain is likely to be long lasting and recurrent, then IMO £1300 is nowhere near enough. On the other hand if you get over it in a few days then IMO it's too much.
     
  16. Weekly_Estimate

    Weekly_Estimate Random bird noises.

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    LMAO :D
     
  17. bawjaws

    bawjaws Multimodder

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    Good advice. I'd absolutely agree that the only person who can say whether the compensation figure is adequate is Spreadie himself, and that decision has to be based on whatever criteria he thinks are reasonable.

    I'd just like to add that, as has been stated previously and in other threads on this subject, I'd urge Spreadie to go and see a real doctor ASAP for a referral to a physiotherapist - not a chiropractor, nor an osteopath.
     
  18. GiGo

    GiGo was once a nerd.....

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    Has this pain affected your earnings? Have you had time off work? If so what costs have you incurred (other than the loss of vehicle).

    If you are still able to work and it has not cost you anything then you should get nothing.

    The idea of compensation is that it compensates you for any losses. If you haven't experienced any losses then why should you get anything?

    I really grinds my gears that people always expect a payout, I sympathies with you in terms that you have had an injury and that you are in pain but if it hasn't cost you anything then you shouldn't make a claim.

    The insurance is going to sort out your car, a personal injury claim isn't to give you money to help replace your car!

    Flame me if you wish, but this is why insurance costs always go up! People making and wanting more on PI claims.
     
  19. TheStockBroker

    TheStockBroker Modder

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    Not a flame GiGo, just pointing out the victims loss does not need to be financial. If you ask me Spreadie has suffered a physical loss, and there must definitely be uncertainty in his mind about whether he will be permanently injured (he should go to the Docs as recommended). Money is something... it ultimately won't help him if he really does suffer long-term as a result of this, but it's something...

    I would never suggest someone "stiff upper lipped" and forwent an injury claim when they have genuinely been hurt. I get the adversity against bogus claims, and maybe not wanting to appear like you may be making one, but where a claim has merit it should be honoured.
     
  20. 3lusive

    3lusive Minimodder

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    That seems low. Going off what you've said I'd want at least 3K+ as a min for compensation.
     

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